TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.

SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE.(a) Transfer of Functions.—The Secretary of Defense and the Secretary of the Navy may transfer to the Secretary of Veterans Affairs functions necessary for the effective operation of the facility. The Secretary of Veterans Affairs may accept any functions so transferred.(b) Terms.—(1) Executive agreement.—Any transfer of functions under subsection (a) shall be carried out as provided in the executive agreement under section 1701. The functions to be so transferred shall be identified utilizing the provisions of section 3503 of title 5, United States Code.(2) Elements.—In providing for the transfer of functions under subsection (a), the executive agreement under section 1701 shall provide for the following:(A) The transfer of civilian employee positions of the Department of Defense identified in the executive agreement to the Department of Veterans Affairs, and of the incumbent civilian employees in such positions, and the transition of the employees so transferred to the pay, benefits, and personnel systems that apply to employees of 123 STAT. 2571 the Department of Veterans Affairs (to the extent that different systems apply).(B) The transition of employees so transferred to the pay systems of the Department of Veterans Affairs in a manner which will not result in any reduction in an employee’s regular rate of compensation (including basic pay, locality pay, any physician comparability allowance, and any other fixed and recurring pay supplement) at the time of transition.(C) The continuation after transfer of the same employment status for employees so transferred who have already successfully completed or are in the process of completing a one-year probationary period under title 5, United States Code, notwithstanding the provisions of section 7403(b)(1) of title 38, United States Code.(D) The extension of collective bargaining rights under title 5, United States Code, to employees so transferred in positions listed in subsection 7421(b) of title 38, United States Code, notwithstanding the provisions of section 7422 of title 38, United States Code, for a two-year period beginning on the effective date of the executive agreement.(E) At the end of the two-year period beginning on the effective date of the executive agreement, for the following actions by the Secretary of Veterans Affairs with respect to the extension of collective bargaining rights under subparagraph (D):(i) Consideration of the impact of the extension of such rights.(ii) Consultation with exclusive employee representatives of the transferred employees about such impact.(iii) Determination, after consultation with the Secretary of Defense and the Secretary of the Navy, whether the extension of such rights should be terminated, modified, or kept in effect.(iv) Submittal to Congress of a notice regarding the determination made under clause (iii).(F) The recognition after transfer of each transferred physician’s and dentist’s total number of years of service as a physician or dentist in the Department of Defense for purposes of calculating such employee’s rate of base pay, notwithstanding the provisions of section 7431(b)(3) of title 38, United States Code.(G) The preservation of the seniority of the employees so transferred for all pay purposes.(c) Retention of Department of Defense Employment Authority.—Notwithstanding subsections (a) and (b), the Department of Defense may employ civilian personnel at the facility if the Secretary of the Navy, or a designee of the Secretary, determines it is necessary and appropriate to meet mission requirements of the Department of the Navy.